ATADA Objectives
ATADA was formed to represent professional dealers of antique tribal art. Our objectives are to promote professional conduct among dealers and to educate the public in the valuable role of tribal art in the wealth of human experience. We will develop informed opinions and practices by publications, educational grants and legal activism. Those actions will be supported by newsletters, seminars, and the formation of action committees. It is our intent to monitor and publicize legislative efforts and government regulations concerning trade in tribal art, and to assess public reaction. To attain our objectives, we will actively seek suggestions from other organizations and individuals with similar interests.
ATADA Goals
Soon after it was established, the Antique Tribal Art Dealers Association (ATADA) issued a statement of goals. Among these was the assurance that "the materials and goods utilized or accorded reverence by functioning religious or cultural communities, as part of their system of religious beliefs or practices, should receive appropriate protection from commercial exploitation and market pressures. Tribal leaders, dealers in tribal arts and appropriate government officials should work together to establish norms and procedures for ensuring that protection. Concern for the protection of legitimate, ongoing religious beliefs and practices, however, should not constitute grounds for objection to trade in objects that are no longer of religious significance to any extant culture, whether due to extinction of the religious system or the fact that the object itself has lost whatever religious significance it might once have had. Nor should such concerns interfere with the right of the legitimate owners of ceremonial objects to dispose of those objects as they see fit, as long as no applicable laws are violated."
All too often, when the questions asked are of an emotional nature, such as those of religious freedom and persecution, lines are arbitrarily drawn and people or organizations are designated "for us" or "against us" , often without accessing the facts or while using an unrealistic set of measurements. It should not be construed that because the Antique Tribal Art Dealers Association wants the language of NAGPRA solidified and definitions made explicit that the organization is "against" NAGPRA per se. We feel that NAGPRA is timely and appropriate but feel that the letter of the law should follow the spirit in which it was written.
ATADA and its members have a history of supporting Native American religious practices and have acted numerous times to protect and encourage these practices. For example, in 1991, Ramona Morris, the past Executive Director of ATADA, and her family returned an Ahayu:da to the Zuni people. This carving, in private collections for decades, was thought to be lost and was no longer being actively sought by Zuni. This was not publicized but the Zuni community and the Museum of Indian Arts and Culture - Laboratory of Anthropology in Santa Fe NM, who handled the repatriation, were cognizant that the donation was made voluntarily. The late Richard Dillingham, a well known artist and collector, made a similar donation at that time.
ATADA has also circulated notices of stolen objects for Zuni at their request, as well as for Hopi on our own initiative and for various museums and collectors. This service is offered to any tribe, museum or individual. One of the major points we stress as an organization is that we deal only in objects of clear title. We also discourage our membership from dealing in objects of a sensitive nature. We guarantee the authenticity of our objects and encourage the public to educate themselves in the cultures these objects represent and the roles they played within the cultures. This can only promote better understanding.
To further this understanding, and to promote greater awareness in the Native American community itself, in 1997, ATADA established a scholarship for Native American students of Native American art history. In that year the scholarship was used to send a student to the biennial Native American Art Studies Association conference in Berkeley, CA. This conference is a forum where scholars and students present the results of current research in traditional and contemporary Native American art, often outlining the content of major forthcoming publications.
AMENDED BYLAWS
OF THE
ANTIQUE TRIBAL ART DEALERS ASSOCIATION, INC.
A Nonprofit Association
February 20, 1997
as 1st amended September 1, 2007
as 2nd amended July 2, 2010
ARTICLE I
MEMBERSHIP
Classes of Members
Section 1. There are three (3) classes of members: Full Members, Associate Members and Museum Members.
Voting Rights
Section 2. Each Full Member of the Association shall be entitled to one vote on all matters coming before any meeting of the members of the Association.
Section 2.1. Associate Members and Museum Members may attend general meetings but neither shall have the right to vote on matters of the Association nor to advertise their Associate or Museum Membership status.
Definitions for the Purpose of Full Membership
Section 3. "Tribal" means a group of people with a shared culture.
Section 3.1. "Antique" material means material that is at least forty (40) years old. Exceptions will be defined in the vetting guidelines addendum.
Section 3.2. An Antique Tribal Art Dealer is an individual, partnership or Association actively engaged in buying and selling Antique Tribal Art and Artifacts.
Section 3.3. Book Dealers, museum curators and directors, restorers, appraisers and auction houses engaged in the areas of Antique Tribal Art are considered to be Dealers for the purpose of the Association.
Requirements for Full Membership
Section 4. An individual or business entity of good character, reputation, and credit standing that has been actively engaged in an Antique Tribal Art - Artifact business for two (2) years is eligible to apply for Full Membership.
Section 4.1. Upon death or disability of a Full Member of the Association or dissolution of his/her business, the Board of Directors, in its sole discretion, may relax the otherwise applicable time requirements as stated in Sections 4.0 through 4.1, in the case of an application by (a) any Association Member of the Association affiliated with such Full Member, or (b) any individual who succeeded to the principal controlling ownership in the Antique Tribal Art business operated by such Full Member.
Section 4.2. Upon death or disability of a Full Member of the Association or dissolution of its business, the Board of Directors, in its sole discretion, may relax the otherwise applicable time requirements as stated in Section 4.0, in the case of an application by (a) a Corporation Member of the Association affiliated with such Full Member, or (b) any individual who succeeded to the principal controlling ownership in the Antique Tribal Art business operated by such Full Member.
Procedure for Election to Full Membership
Section 5. Each candidate for membership must apply by completing forms and providing other information as may from time to time be required by the Association and in addition, a recommendation from two (2) Full Members who have been such members for two (2) years must be submitted. The first year's dues and application fees must accompany the application form. The name of the applicant and the name of the recommending members shall be circulated among the members for comment. After thirty (30) days all relevant information and member comments shall be reviewed by the Board for a final decision within a reasonable period of time.
Requirements for Associate Membership
Section 6. Associate membership is available, for yearly dues to be set by the Board, to any interested party, subject to the approval of the Board. The first year's dues and application fee must accompany the application form.
Requirements for Museum Membership
Section 7. Museum membership is available to any museum or museum professional for a yearly dues rate to be set by the Board. Membership is subject to the approval of the Board. The first year's dues must accompany the application, no application fee is required.
Individuality of Membership
Section 8. Membership in the Association is personal to the Member and cannot be assigned, devised, passed, sold or in any other manner transferred, directly or indirectly, to another individual or any business entity, provided however, that upon death or disability of a Full Member or the dissolution of his/her business, the membership of such Member shall continue for an interim period of six (6) months, during which time, an application for successor Full Membership may be considered by the Board of Directors under Article I, Section 4.2.
Notice of Election to Membership
Section 9. Each applicant elected to Full Membership shall be sent a notice of election.
Notice of Rejection from Membership
Section10. Each candidate whose application for membership is rejected shall be so notified and first year's dues and application fee returned. No candidate rejected by the Board of Directors shall be eligible to apply again for membership for one (1) year thereafter.
Forfeiture of Membership
Section 11. A Full Member or Associate Member or Museum Member shall be automatically expelled for unexcused failure to pay such dues and assessments as are owing after a period of ninety (90) days after the notice of such amounts has been sent.
Section 12. A member of the Association may be expelled for an action or actions which endanger the good order, welfare, character, or reputation of the organization, or which would have been a ground for denial of membership had the individual not been a member, or for a material misstatement in the member's original application for membership. On receipt of a complaint to the Board against a member, the Board shall determine whether an action warranting expulsion has been alleged. In such case, the Board shall notify the member of the nature of the complaint and afford the member an opportunity to appear in person to present his/her case, in addition to presenting it in writing. After such hearing, the Board may, by vote of two-thirds (2/3) of the Board of Directors, vote to expel such member and such expulsion shall be effective immediately upon such vote.
Termination of Rights in Property
Section 13. Resignation, death, or expulsion shall terminate a member's rights in the Association, and shall terminate, as well, the right to display the Association's plaque and the right to use the Association's name and registered logo in any way.
ARTICLE II
BOARD OF DIRECTORS
Power of the Board
Section 1. The governance of the Association and the administration of its business and affairs shall be vested in a Board of Directors, which shall have and exercise all power and authority permitted by the Articles of Association and these Bylaws. The Board of Directors may make such rules and regulations for the management of the Association not inconsistent with the Articles of Association and these Bylaws as it may deem expedient.
Membership and Terms of Members
Section 2. The Board of Directors shall consist of the immediate Past President, the Executive Director, the Officers and the Chairs and Co-Chairs of the presently standing committees, and, in addition, up to thirteen (13) At-Large Board Members, all of which must be Full Members of the Association in good standing. Board members shall serve terms of two (2) years each, until their successors are elected. Members of the Board of Directors, except the Past President, the Executive Director, and the Chair or Co-Chairs of the Legal Committee, shall be elected under Article V. Quorum
Section 3. At least fifty percent (50%) of the Board of Directors must be present to vote at all meetings. Once a quorum is present, each Director shall have one vote except in the event committees have Co-Chairs, there shall be but one vote between the Chair and Co-Chair. In the event that a spouse/partner team is elected to fill one position, there shall be but one vote between them.
Vacancies on Board
Section 4. In the event of a vacancy or vacancies among the Directors by reason of death, resignation, removal, or termination of membership, the vacancy or vacancies may be filled by candidate(s) selected by the Board of Directors to fill such vacancy or vacancies for the unexpired portion of the term or terms.
Removal of Directors
Section 5. Directors may be removed for cause by affirmative vote of three-fourths (3/4) of the members present at any regular or special meeting of the Association, notice of which shall include a statement of such proposed removal and no Director shall be removed without first being given the opportunity to be heard prior to the meeting at which the question of his/her removal is decided.
Limitation on Authority to Incur Debt
Section 6. The Board of Directors shall have no authority or power, except by special vote of the Full Members, to make it liable for any debt beyond the amount of money which may be at the time in the Secretary/Treasurer's hands and not needed for the discharge of existing debts or liabilities. The Board of Directors from time to time may establish annual dues and entrance fees for membership in the Association, provided annual dues and entrance fees shall not take effect until at least two (2) months subsequent to the action of the Board of Directors in fixing such annual dues and entrance fees after notice to the membership of the Association by publication on its website or in the ATADA News.
ARTICLE III
Officers and other Committees
Section 1. The Board shall elect Officers from its Board members consisting of a President, Vice President, Secretary, Treasurer, and Executive Director to govern the Association on a day-to-day basis. The President may appoint from its Board, Committee Chairs as he/she deems necessary for the running of the Association.
Section 2. The Board of Directors may establish as the occasion arises, Committees which shall be constituted and which shall have such powers and duties as may be provided for by the Board of Directors. Any member of the Association is eligible for membership on any Committee, but the Chair of each Committee shall be a member of the Board of Directors.
Section 3. The Board of Directors may appoint the following Committees:
1. A Committee on Dealer Disputes
2. A Committee on Fakes. Each member is bound by the decision of the Committee on Fakes.
3. A Legal Committee
4. A Membership Committee
5. A Nominating Committee
6. Such other committees as the Board deems appropriate.
ARTICLES IV
OFFICERS
Number and Term
Section 1. The officers of the Association shall consist of a President, Vice President, Secretary, and Treasurer, who shall also be members of the Board of Directors. The terms of the office of the President, Vice President, Secretary, and Treasurer shall be two (2) years, or until their successors are elected. All officers shall be elected at or prior to the first meeting of the Board of Directors in an election year. The Board of Directors may appoint an Executive Director to hold office at the pleasure of the Board, who will also be a member of the Board of Directors
Vacancies among Officers
Section 2. In the event of the death, resignation, removal, termination of membership, or inability to act, of any of the elected officers of the Association, a successor to fill the office so made vacant for the balance of the term shall be appointed at the time of a special meeting, phone, or email ballot called by the Board of Directors for the purpose of filling such vacancy.
Removal of Officers
Section 3. Elected officers of the Association may be removed for cause by the affirmative vote of three-fourths (3/4) of the members present at any regular or special meeting of the Board of Directors, provided that the notice of such meeting shall include a statement of such proposed removal and no officer shall be removed without first being given the opportunity to be heard prior to the meeting at which the question of his/her removal will be decided.
Duties of President
Section 4. The President shall preside at all meetings of the Association and of the Board of Directors. In the absence of the President, or if the office is vacant, the Vice President shall preside, and in the absence of the President and Vice President, the Director elected by vote of the meeting shall act as Chair. The President shall perform such other duties and have such authority as from time to time may be assigned to him/her by the Board of Directors.
Duties of Vice President
Section 5. The Vice President shall, at the request of the President or in his/her absence or disability, perform the duties of the President. In the absence or disability of the Secretary or Treasurer his/her duties shall be performed by the Vice President. The Vice President shall perform such other duties and have such authority as from time to time may be assigned to him/her by the Board of Directors.
Duties of the Secretary
Section 6. The Secretary shall keep a record of the proceedings of the Association, and of the Board of Directors shall notify new members of their election shall issue all notices and conduct all correspondence of the Association and of the Board of Directors, except where otherwise provided. If the Secretary is absent from a meeting, a Director, duties of the Secretary shall be chosen by vote to perform the Secretary's duties.
Duties of the Treasurer
Section 7. The Treasurer shall collect and keep all moneys of the Association and disburse them under the direction of the Board of Directors. He/she shall keep the accounts of the Association and shall make a report of its financial conditions at each annual meeting and shall send all notices and conduct all correspondence relating to the financial matters of the Association. The Treasurer's accounts shall be audited in the manner hereinafter provided.
Section 7.1. At the end of each fiscal year, the Treasurer shall make a full financial report to the Board of Directors showing the total amount of cash in bank and on hand, accounts receivable and payable and the income and expenses for the year. The Treasurer shall make such interim reports as may be requested from time to time by the Board of Directors.
Duties of Executive Director
Section 8. The Executive Director, if one shall have been appointed by the Board of Directors, shall perform such duties as the Board of Directors or the Executive Committee may direct.
Auditor
Section 9. The Board of Directors may appoint an auditor who shall not be a Director, whose duty shall be to audit the Treasurer's accounts, either in person or by an expert, and make a report thereon to the Board of Directors when so requested.
ARTICLE V
ELECTION OF DIRECTORS
Time and Manner of Elections
Section 1. All Directors of the Association shall be elected by mail, phone or email ballot in the first month of each odd numbered year. The membership will be given at least 21 days in which to return their ballots. Ballots shall be returned to the Secretary, who will record the results and who will certify the election results to the Board of Directors.
Selection of the Nominating Committee
Section 2. The Nominating Committee shall be appointed by a majority vote of the Board of Directors.
Duties of the Nominating Committee
Section 3. The Nominating Committee shall hold such meetings as it deems necessary to insure the discharge of the Committee's obligations.
Section 4. The Nominating Committee shall present a slate of members recommended by it for election to the Board of Directors of the Association. The Nominating Committee shall present its recommendations in writing to the Secretary prior to the fifteenth (15th) day of December prior to an election year and the Secretary shall prepare the slate for presentation to members and post the list on the web.
Section 5. In addition to the slate presented by the Nominating Committee, any Full Member in good standing may submit any name of a Full Member in good standing, including his/her own, to the Association to be presented along with the Nominating Committee slate, for election. The signatures of two additional Full Members in good standing supporting such nomination(s) must be provided before the additional nomination(s) may appear on the ballot. Any such additional slate must be provided to the Secretary on or before the 31st day of December prior to an election year.
ARTICLE VI
MEETINGS OF THE ASSOCIATION
Time of the Annual Meeting
Section 1. The annual meeting of the members of the Association shall be held in August each year in Santa Fe, NM. The date and place may be designated by the Board of Directors.
Notice of Annual Meeting
Section 2. Notice of the annual meeting of the members of the Association shall be published by mail or email and on the ATADA website no less than twenty-one (21) days prior to the date of the election.
Special Meetings
Section 3. Special meetings of the members may be called by the Board of Directors, by the President, or upon the written request of one-fifth (1/5) of the Full Members. The Secretary shall publish by mail, email or the ATADA website notice thereof thirty (30) days beforehand to each member which shall state the purpose(s) for which the meeting is called.
Quorum
Section 4. One fifth (1/5) of the Full Members, or fifty (50) such members, whichever is less, shall constitute a quorum for the transaction of business at any meeting of the Association and a majority vote shall be necessary for the adoption of all matters voted upon except as otherwise herein provided.
ARTICLE VII
MEETINGS OF THE BOARD OF DIRECTORS
Annual Meeting
Section 1. The annual meeting of the Board of Directors shall be held at a time and place determined by it.
Regular Meetings
Section 2. Regular meetings of the Board of Directors shall be held at a time and place determined by it.
Special Meetings
Section 3. Special meetings of the Board of Directors may be called at any time by the President or by written request of three (3) members of the Board. Special meetings shall be held at such place at such time as may be designated in the notice of the special meeting. Special meetings may be held by telephone or email with votes, if needed, sent by email or by telephone which will be recorded in minutes prepared by the meeting Chair or President.
Notice of Meetings
Section 4. Written notice of the time, place, and purpose of any meeting of the Board of Directors shall be sent to each member of the Board at least fourteen (14) days prior to the meeting.
ARTICLE VIII
AMENDMENTS
Section 1. Amendment to these bylaws may be adopted at any regular or special meeting of the Board of Directors, by a majority vote of all Directors actually voting provided that the notice for such meeting shall set forth a summary of any proposed amendments to be considered and acted upon. The President may also submit proposed amendments to the Directors for vote by mail or email.
ARTICLE IX
LIABILITY
Section 1. No director, officer, employee or member of the Association shall have any personal liability whatsoever for any obligation of the Association.
Section 2. The Association shall indemnify and hold harmless any director or officer or former director or officer of the Association against any expenses, costs or attorney's fees actually and reasonably incurred by him or her in connection with the defense of any action, suit or other legal proceeding in which he or she is made a party by reason of being or having been a director or officer of the Association. The indemnification provided herein shall include any amounts paid to satisfy any judgment or to compromise or settle any claim. No such indemnification shall be available, however, if the claim arises out of any act or omission constituting negligence or misconduct by such director or officer in the performance of his or her duties as director or officer.
Section 3. The Association shall have no liability whatsoever for any representation by any member of the Association with respect to any object sold, appraised, or reviewed by such member, and no member shall have any authority whatsoever to make any representation to any person that any statement or representation by such member is attributable to the Association or to its directors or officers, or that the Association or its directors or officers vouches for, guarantees or stands behind any such representation in any manner whatsoever.
Section 4. Neither the Association, its directors or officers, nor the members of the Committee on Fakes, shall have any liability whatsoever for any statement, action, or decision or failure to act or decide by the Committee on Fakes with respect to a determination as to the authenticity of an object submitted to the Committee on Fakes for review or consideration, and any person who submits any object to the Committee or any member thereof for consideration or determination of authenticity, or for any other purpose, shall, as a condition of receiving any advice or opinion from the Committee or any member thereof, agree that such person shall hold the Committee, its members, the Association and its officers and directors absolutely harmless from any claims or demands whatsoever arising out of any opinion, representation, action or omission of the Committee with respect to any such object.
ARTICLE X
TRADE PRACTICES AND GUARANTEE
All members of the Association shall conduct their business in accordance with the following standards:
Prices
Section 1. All merchandise displayed for sale by a member in a show or fair or a store open to the public shall bear a tag clearly stating the price of the item. Old price tags showing prices that are no longer in effect shall be removed, or shall contain a clear indication that such price has been superseded. Items on display that are not for sale shall have that fact clearly indicated.
Condition
Section 2. A. Upon request of the purchaser, Full Members must provide a written report on each item purchased. The report should include a description, history, condition or any other pertinent information. The report must follow the guidelines set in Section 2, A through F.
B. The description of the object shall identify it and include important identifying features, such as size, color, composition, etc. Any reservations as to the object's authenticity should be stated here, and/or under the description of the object's history.
C. The description of the object's condition should include all important physical details, such as damage, restoration, fading, defective mounting, etc. Any defects having a significant effect on the value of the object shall be disclosed in detail. The description of condition shall also include one of the following descriptive terms (having the meaning indicated):
EXCELLENT. Object reflects excellent condition if the state of preservation (i.e., wear and/or losses to decoration, patina, design, paint, weave, etc.) either exhibits original stable condition or reflects stabilization, conservation without altering, in a significant manner, the object's original function or artistic intent. Structurally sound. No significant restoration.
VERY GOOD. Object reflects very good condition if the state of preservation (i.e., wear and/or losses to decoration, pagination, design, paint, weave, etc.) either approaches near original condition, but is not excellent, or exhibits stabilization, conservation which reflects slight deterioration from original function or artistic intent. Maintains structural integrity, slight restoration evident.
GOOD. Object reflects good condition if the state of preservation (i.e., wear and/or losses to decoration, pagination, design, paint, weave, etc.) either exhibits clearly its original function and artistic intent, although having considerable wear, or exhibits stabilization, conservation or restoration which reflects original function and artistic intent. Object maintains structural integrity. Restoration may be evident.
FAIR. Object reflects fair condition if the state of preservation (i.e., wear and/or losses to decoration, pagination, design, paint, weave, etc.) is in tender state of preservation showing considerable wear and deterioration, but clearly indicates the general nature of its original appearance. May be in need of structural stabilization, conservation, restoration.
D. The history of the object should include any important information known to the dealer, such as the culture of origin, the date of manufacture, whether made for tribal use or other use, prior ownership, inclusion in public shows, references in literature, and the like.
E. The failure to mention in the written description of the condition of the object any significant defect that would not be obvious to the uninformed buyer constitutes justifiable grounds on the part of the buyer to believe that no such defect exists with respect to the object. Where the dealer has insufficient knowledge or evidence for believing a fact relevant to the object's condition, authenticity, or history, he/she shall so state in the appropriate place on the form.
F. At the time of sale, the seller shall provide to the purchaser a copy of the written statement of the condition of the object, and shall keep a copy in the seller's file, attached to a dated photograph of the object sufficiently clear to show distinctive features of the object.
Guarantee
Section 3. All members of the Association shall guarantee the title, condition, and authenticity of every object sold by them, and shall agree to arbitration of any dispute over a sale transaction, in accordance with the following provisions, which provisions shall be made known to each buyer in such manner as the dealer sees fit:
GUARANTEE. In the Seller's judgment as a dealer in objects of this kind, the information set out above is accurate. If the Buyer shows that such information is inaccurate in any significant way within one year from the date of purchase, the Seller will accept a return and offer a full refund, which the Buyer agrees to accept as full satisfaction. The return of the object must be in the same condition as sold. The Seller guarantees that the Buyer receives good title to the object. If there is evidence showing that Seller did not provide good title and the Seller is promptly so informed by the Buyer, the Seller will either remove any cloud on the title or accept return of the object and give the Buyer a full refund, at the Seller's option. These guarantees extend only from [DEALER'S NAME] to the Buyer named in this invoice.
ARBITRATION. Any disagreement relating to this transaction shall be decided by an arbitrator chosen by agreement between the Buyer and Seller. If the Buyer and Seller cannot agree, the dispute shall be decided by an independent arbitrator or arbitrators chosen by the Board of Directors. The Seller and the Buyer agree to be bound by that decision and the Association shall not be held liable for the Arbitration Committees' decision.
Catalogue/Internet Sales
Section 4. Dealer catalogues/internet or advertisements for purchase by mail order shall contain a statement of who bears the cost of shipping and insurance. All goods purchased by mail order may be returned by the buyer for full refund in the event the buyer is dissatisfied with the item on any ground, although a dealer may delete from his/her mailing list any customer who in his/her judgment take unreasonable advantage of this privilege. Any returns should be made promptly after receipt and inspection of the object. All objects should be properly packaged for shipping, and buyers should be cautioned that an object to be returned should be packed as well as it was when sent.
Transactions Between Dealers
Section 5. Any order placed by a dealer is, unless otherwise stated, not returnable, unless the object is not as described. An object may not be considered to be ordered subject to customer approval unless the selling dealer understands and agrees to such terms prior to shipment. Dealers are expected to grant reasonable credit terms to other ATADA member firms, and all members are expected to pay their obligations promptly, when due. Discounts of at least 10% are customarily offered to other dealers. In the absence of arrangements to the contrary, terms of payment are normally thirty (30) days from the date of invoice for sales within the United States and on receipt of parcels shipped overseas. Special arrangements may be sometimes necessary when dealing with publicly-supported institutions.
Appraisals
Section 6. It is the professional responsibility of every dealer to carry out appraisals with the utmost integrity. Fees for appraisals should be based on professional services rendered and expenses rather than on a percentage of the appraised value.
Dealer Purchases
Section 7. An offer by a dealer for the purchase of an object at a stated price shall be effective only for the time at which the object was offered for sale, unless the dealer states otherwise. Whenever a dealer purchases in good faith an object that is later proven to have been stolen from another dealer, the object shall be returned to its legitimate owner, but the dealer from whom the object was stolen should repay to the purchasing dealer a sum up to full amount of the price paid by that dealer.
Miscellaneous
Section 8. A. No dealer shall approach or solicit a customer in another dealer's shop or show booth without the implied or express consent of the owner of the shop or booth where such customers are found.
B. Where any dispute over a business matter arises between two or more members of the Association, those members will seek mediation first then binding arbitration by the President and the Board of Directors of the Association and agree not to take any such disputes into the courts or other outside forums.
ARTICLE XI
VETTING GUIDELINES FOR ATADA
Sponsored Shows
Section 1. Because of the diversity of material handled by Full Members, exceptions to only pre-1970 material have been made.
A. Southwest Indian and Mexican jewelry and objects are admissible up to 1970.
B. Material from other than North America (Africa, Indonesia, Amazon River, etc.) may be less than forty(40) years old if it conforms to traditional design and was made for use within the group and shows evidence to that use.
C. The post 1970 work of innovators in their field will also be acceptable. For example, Maria Martinez, Margaret Tafoya, Alan Houser, Helen Hardin, Charles Loloma, Kenneth Begay, Helen Cordero, etc.
D. Items adorned with illegal feathers or parts from endangered species will not be allowed.
E. Items adorned or made of human body parts such as finger bones, etc. will not be allowed. This does not include hair.
<End of Bylaws>
